Case Note & Summary
The appellant, a minor represented by his father, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 26.02.2010 passed by the Vth Additional MACT, Bellary in MVC No.391/2009. The claimant was a passenger in a Tempo Trax that met with an accident on 08.05.2006 due to the driver's rash and negligent driving, resulting in the vehicle turning turtle. The claimant sustained a fracture of the femur and underwent surgery with an implant. The Tribunal awarded total compensation of Rs. 1,05,000 with interest at 6% per annum. The claimant sought enhancement. The High Court found that the Tribunal had assessed disability at 15% to the whole body, but the medical evidence showed 30% permanent disability. The Court reassessed the disability at 30% and recalculated compensation. For a minor, the Court applied a notional income of Rs. 15,000 per annum as per the Second Schedule and a multiplier of 15, but did not add future prospects. The Court enhanced compensation for loss of future income from Rs. 33,750 to Rs. 67,500, and awarded Rs. 30,000 for pain and suffering, Rs. 10,000 for loss of amenities, Rs. 25,000 for medical expenses, Rs. 10,000 for conveyance, nourishment, and attendant charges, and Rs. 5,000 for future medical expenses. The total compensation was enhanced to Rs. 1,47,500. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Permanent Disability - Assessment of Disability - Section 173(1) Motor Vehicles Act, 1988 - The claimant, a minor, suffered 30% permanent disability to the whole body due to a road accident. The Tribunal assessed disability at 15% which was held to be erroneous. The High Court, relying on medical evidence, assessed disability at 30% and enhanced compensation accordingly. (Paras 5-7) B) Motor Accident Compensation - Future Prospects - Minor Claimant - Section 173(1) Motor Vehicles Act, 1988 - For a minor claimant, future prospects cannot be added as the income is notional. The High Court applied a notional income of Rs. 15,000 per annum as per the Second Schedule and a multiplier of 15, but did not add future prospects. (Para 8) C) Motor Accident Compensation - Pain and Suffering - Loss of Amenities - Section 173(1) Motor Vehicles Act, 1988 - The claimant suffered a fracture of the femur and underwent surgery with an implant. The High Court awarded Rs. 30,000 for pain and suffering and Rs. 10,000 for loss of amenities, which were held to be just and proper. (Para 9)
Issue of Consideration
Whether the compensation awarded by the Tribunal for a minor claimant with permanent disability is just and proper, and whether the assessment of disability and multiplier applied are correct.
Final Decision
The appeal is partly allowed. The compensation is enhanced from Rs. 1,05,000 to Rs. 1,47,500 with interest at 6% per annum from the date of petition till deposit. The respondent-insurance company is directed to deposit the enhanced amount within six weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation for permanent disability
- Assessment of disability
- Future prospects for minors
- Pain and suffering
- Loss of amenities
